Bill to Align HIPAA, 42 CFR Part 2 Passed by House of Representatives

Clinicians would be able to access entire patient record, including information about substance use disorders

A recent bill designed to align 42 CFR Part2 with HIPAA for the purpose of health care treatment, payment and operations has been passed by the U.S House of Representatives. One aim of the change is to ensure that care is better coordinated and to allow providers gain appropriate access to patients’ medical records, including information on substance use disorders.

According to U.S Rep. Markwayne Mullin (R-OK) who sponsored the bill, doctors must have the whole picture on a patient’s medical history in order to safely and effectively treat that patient, he said in a prepared statement. “This includes any history of substance use disorder. The Overdose Prevention and Patient Safety Act will update the decades-old, outdated law, known as 42 CFR Part 2, which keeps mental health records separate from other health records. H.R. 6082 will modernize how doctors access their patients’ health records by streamlining 42 CFR Part 2 with current Health Insurance Portability and Accountability Act (HIPAA) regulations.

Earl Blumenauer (D-OR) co-sponsored the legislation.

In a statement, the president and CEO of the Association for Behavioral Health and Wellness Pamela Greenberg said that members of Congress are being encouraged to recognize the importance of aligning the treatment of substance use disorder (SUD) records with how all other medical and behavioral health records are managed. She added that clinicians need access to a patient’s full medical history, including substance use disorder records, to assess risks and adequately care for a patient. She said that the ABHW members contend that Part 2 is one of the biggest if not the biggest barrier to fighting the opioid crisis.

ABHW is a health plan association working to improve access and quality of care for mental health and substance use disorders.